Cost of an Eviction in Nebraska

Cost of an Eviction in Nebraska

Last Updated: April 5, 2023 by Elizabeth Souza

The total cost of an eviction in Nebraska for all filing, court, and service fees varies heavily on the service fees. For cases filed in District Court,[ttip number=’1′ icon=’popover-balance’] the average cost is $128. For cases filed in County Court,[ttip number=’1′ icon=’popover-balance’] the average cost is $91.

These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).

1. Initial Court Filing Fee

In Nebraska, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Action for Possession”) with the court the following business day.

The initial filing fee in District Court is $86 and in County Court, the filing fee is $49.

2. Summons Service Fee

Once a Complaint is filed in Nebraska, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.

The Summons service fee varies by process server. For example, a sheriff may charge $12 (plus $3 for each additional tenant) [ttip number=’2′ icon=’popover-balance’]for serving a Summons; however, an authorized person by law may charge more.

3. Writ of Restitution Service Fee

If the court rules in favor of the landlord in Nebraska, the court shall issue a Writ of Restitution. The writ is the tenant’s final notice to vacate the premises.

A sheriff or constable must serve the Writ of Restitution to the tenant, they may charge a $12 (plus $3 for each additional tenant)[ttip number=’3′ icon=’popover-balance’]service fee.

4. Writ of Restitution Execution Fee

In Nebraska, if a tenant remains at the premises after the writ expires, a sheriff or constable may execute the writ by removing the tenant from the premises.

The sheriff or constable can charge $18 [ttip number=’4′ icon=’popover-balance’]to enforce the writ.

5. Notice of Appeal Filing Fee

If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 30 calendar days of the judgment.

If the original case was filed in County Court, the filing fee is $100. [ttip number=’5′ icon=’popover-balance’]If the original case was filed in District Court, the filing fee is $75. [ttip number=’6′ icon=’popover-balance’]